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1826 July 31 Penal Code. Ch. Juries prudential entities
11
Possession expounded
by exemplification
The Horse you have bred and still keep in your stable
is yours. How is it constituted such — constituted by
law? Answer. The naked right — the right of making
use of it the law has left you in possession of: to wit
by the negative act of forbearing to inhibit you from
using it the established right the law has conferred
upon you by the order given the Judge to punish
every person who shall disturb or have disturbed
you in the use of it. —
12.
So transfer of
possession
The Horse which ways yours but by the gift you
have made of it is become the horse of a friend of
yours. How has it been constituted such — constituted
by law? Answer By a Blank left as it
were in that command to the Judge that Blank
being left to be filled up by you in favor of this
13
Initiative a consummate
part in the collation
of rights to individuals
friend of your or any other person to whom it
may happen to be your wish to transfer the
Horse either gratuitously or for a price. —
this case divided
the initiative to it
and the consummative
by the legislator the
initiative is exercised
by you the
consummative
So long as the Law in question has this blank in
it it is an uncompleted an imperfect law it waits
an act on your part to render it a perfect one.
The Law in its completed state is the result of
two functions into which the Legislative function is the
In the same
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